Massachusetts District Court
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The Massachusetts District Court (also known as the District Court Department of the Trial Court) is a
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
in Massachusetts that hears a wide range of
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
,
civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...
,
housing Housing, or more generally, living spaces, refers to the construction and assigned usage of houses or buildings individually or collectively, for the purpose of shelter. Housing ensures that members of society have a place to live, whether it ...
, juvenile,
mental health Mental health encompasses emotional, psychological, and social well-being, influencing cognition, perception, and behavior. It likewise determines how an individual handles stress, interpersonal relationships, and decision-making. Mental health ...
, and other types of cases. District Court criminal jurisdiction extends to all
felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
punishable by a sentence up to five years, and many other specific felonies with greater potential penalties; all
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
s; and all violations of city and town ordinances and by-laws. In felonies not within District Court final jurisdiction, the District Court conducts
probable cause hearing Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine ...
s to determine if a
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
should be bound over to the Superior Court. District Court
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
s conduct hearings to issue criminal complaints and
arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a j ...
s, and to determine whether there is probable cause to detain persons arrested without a warrant. Both judges and magistrates issue criminal and administrative
search warrant A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
s. In civil matters, District Court judges conduct both
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
and jury-waived trials, and determine with finality any matter in which the likelihood of recovery does not exceed $25,000. The District Court also tries
small claims Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may b ...
anticipated to involve up to $7,000 (initially tried to a magistrate, with a defense right of appeal either to a judge or to a jury). Fifteen of its judges serve on the Appellate Division, an appellate tribunal with published opinions that is organized in three geographical districts, and sits in three-judge panels, to review questions of law that arise in civil cases. The District Court's civil jurisdiction also includes many specialized proceedings:
inquest An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coro ...
s; summary process (
eviction Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage ...
s); supplementary process (enforcement of money judgments); abuse prevention
restraining order A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Restraining and personal protection or ...
s; mental health matters (including involuntary civil commitments and medication orders, and supervision of criminal defendants committed for mental observation or because
incompetent to stand trial In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Comp ...
or after an insanity acquittal); appeals from certain administrative agencies (involving, for example, firearms licenses or
unemployment compensation Unemployment benefits, also called unemployment insurance, unemployment payment, unemployment compensation, or simply unemployment, are payments made by authorized bodies to unemployed people. In the United States, benefits are funded by a comp ...
); civil motor vehicle infractions (tried initially to a magistrate, with right of appeal to a judge); equitable injunctions (exercising specialized equity jurisdiction in all counties, plus general equity jurisdiction in small claims, summary process and civil money damage actions); and other miscellaneous civil matters.


See also

* Courts of Massachusetts *
Judiciary of Massachusetts The judiciary of Massachusetts is the branch of the government of Massachusetts that interprets and applies the law of Massachusetts, ensures equal justice under law, and provides a mechanism for dispute resolution. The judicial power in Massachuse ...
*
Government of Massachusetts The Commonwealth of Massachusetts is governed by a set of political tenets laid down in its state constitution. Legislative power is held by the bicameral General Court, which is composed of the Senate and House of Representatives. The governo ...
*
Law of Massachusetts The law of Massachusetts consists of several levels, including constitutional, statutory, regulatory, case law, and local ordinances. The '' General Laws of Massachusetts'' form the general statutory law. Sources The Constitution of Massachuse ...
*
Same-sex marriage in Massachusetts Same-sex marriage in Massachusetts has been legally recognized since May 17, 2004, as a result of the Massachusetts Supreme Judicial Court (SJC) ruling in ''Goodridge v. Department of Public Health'' that it was unconstitutional under the Mass ...


References


Further reading

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External links


Official website
{{DEFAULTSORT:District Court, Massachusetts District Court, Massachusetts District Court, Massachusetts